99 Texas opinions name it 3 courts 1964–2025 12 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
cluster 328022green2 sentences2015See U.S. v. Garcia, 517 F.2d 272, 277 (5th Cir.1975), abrogated on other grounds by Flanagan v. U.S., 465 U.S. 259 , 263 n.1, 104 S.Ct. 1051 , 79 L.Ed.2d 288 (1984). 2015See U.S. v. Garcia, 517 F.2d 272, 277 (5th Cir.1975), abrogated on other grounds by Flanagan v. U.S., 465 U.S. 259 , 263 n.1, 104 S.Ct. 1051 , 79 L.Ed.2d 288 (1984). | 6 | 6 |
United States v. Robert John Greig and Craig Wayne Hanleygreen2 sentences2013See United States v. Greig, 967 F.2d 1018, 1022 (5th Cir. 1992) (citing Garcia, 517 F.2d at 11 277); Ramirez, 13 S.W.3d at 487 . 2011See United States v. Carpenter , 769 F.2d 258, 263 (5th Cir.1985) (no error for failure to hold Garcia hearing absent actual conflict of interest); cf. Greig , 967 F.2d at 1022 ; Ramirez , 13 S.W.3d at 487 . | 4 | 5 |
Olivo v. Stategreen2 sentences2025See Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. 2025See Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. | 3 | 3 |
Flanagan v. United Statesgreen2 sentences2015See U.S. v. Garcia, 517 F.2d 272, 277 (5th Cir.1975), abrogated on other grounds by Flanagan v. U.S., 465 U.S. 259 , 263 n.1, 104 S.Ct. 1051 , 79 L.Ed.2d 288 (1984). 2015See U.S. v. Garcia, 517 F.2d 272, 277 (5th Cir.1975), abrogated on other grounds by Flanagan v. U.S., 465 U.S. 259 , 263 n.1, 104 S.Ct. 1051 , 79 L.Ed.2d 288 (1984). | 3 | 3 |
United States v. Mark Carpentergreen2 sentences2011However, a Garcia hearing is required only if the court “knows or should reasonably know of an actual conflict.” *758 See Gaston, 136 S.W.3d at 324 (emphasis altered); United States v. Garcia-Jasso, 472 F.3d 239, 243 (5th Cir.2006) (citing United States v. Carpenter, 769 F.2d 258, 263 (5th Cir.1985)); see also Cuyler, 446 U.S. at 347 , 100 S.Ct. 1708 (“Unless the trial court knows or reasonably should know that a particular conflict exists, the court need not initiate [a conflict of interest] inquiry.”). 2011However, a Garcia hearing is required only if the court “knows or should reasonably know of an actual conflict.” *758 See Gaston, 136 S.W.3d at 324 (emphasis altered); United States v. Garcia-Jasso, 472 F.3d 239, 243 (5th Cir.2006) (citing United States v. Carpenter, 769 F.2d 258, 263 (5th Cir.1985)); see also Cuyler, 446 U.S. at 347 , 100 S.Ct. 1708 (“Unless the trial court knows or reasonably should know that a particular conflict exists, the court need not initiate [a conflict of interest] inquiry.”). | 3 | 3 |
Texas Department of Parks & Wildlife v. Mirandagreen2 sentences2010See Miranda, 133 S.W.3d at 228 ; Randall’s Food Mkts., 891 S.W.2d at 644 . 2010See Miranda , 133 S.W.3d at 228 ; Randall's Food Mkts. , 891 S.W.2d at 644 . | 3 | 3 |
Houston Health Clubs, Inc. v. First Court of Appealsgreen2 sentences2024See Burlington, 167 S.W.3d at 830 (“The default judgment in this case failed to dispose of all claims; it awarded damages “[o]n the claim of negligence” but failed to dispose of Garcia’s claim for exemplary damages based on gross negligence.”) (citing Houston Health Clubs, Inc. v. First Court of Appeals, 722 S.W.2d 692, 693 (Tex. 1986) (per curiam) (holding that a default judgment that “did not dispose of the punitive damage issue” was not final)). 2010Id. | 2 | 4 |
SHEFFIELD DEVEL. CO. INC. v. City of Glenn Heightsgreen2 sentences2015Co. v. City of Glenn Heights, 140 S.W.3d 660, 671 (Tex. 2004), quoting Brazos River Auth. v. City of Graham, 354 S.W.2d 99, 105 (Tex. 1962)). 2015Co. v. City of Glenn Heights, 140 S.W.3d 660, 671 (Tex. 2004), quoting Brazos River Auth. v. City of Graham, 354 S.W.2d 99, 105 (Tex. 1962)). | 2 | 2 |
Brazos River Authority v. City of Grahamgreen2 sentences2015Co. v. City of Glenn Heights, 140 S.W.3d 660, 671 (Tex. 2004), quoting Brazos River Auth. v. City of Graham, 354 S.W.2d 99, 105 (Tex. 1962)). 2015Co. v. City of Glenn Heights, 140 S.W.3d 660, 671 (Tex. 2004), quoting Brazos River Auth. v. City of Graham, 354 S.W.2d 99, 105 (Tex. 1962)). | 2 | 2 |
Moore, Ex Parte Darron T.green2 sentences2015INEFFECTIVE ASSISTANCE OF COUNSEL A. Standard of Review In order to establish that trial counsel rendered ineffective assistance, Garcia must “establish two components by a preponderance of the evidence: deficient performance of trial counsel and harm resulting from that deficiency that is sufficient to undermine the confidence in the outcome of the trial.” Ex parte Moore, 395 S.W.3d 152, 157 (Tex. Crim. 2015Ineffective Assistance of Counsel A. Standard of Review In order to establish that trial counsel rendered ineffective assistance, Garcia must "establish two components by a preponderance of the evidence: deficient performance of trial counsel and harm resulting from that deficiency that is sufficient to undermine the confidence in the outcome of the trial." Exparte Moore, 395 S.W.3d 152, 157 (Tex. Crim. | 2 | 2 |
State v. Villarreal, Davidgreen2 sentences2015See Villarreal, -S.W.3d at -, 2014 WL 6734178, at *20 ; Aviles, 443 S.W.3d at 294 ; McNeil, 443 S.W.3d at 300 ; Weems, 434 S.W.3d at 665 . 2015See Villarreal, 2014 WL 6734178, at *20 ; Aviles, 443 S.W.3d at 294 ; McNeil, 443 S.W.3d at 300 ; Weems, 434 S.W.3d at 665 . | 2 | 2 |
Garcia v. Stategreen2 sentences2014See id. 2014See id. | 2 | 2 |
Perez v. Stategreen2 sentences2012Perez v. State, 352 S.W.3d 751, 758 (Tex. App.—San Antonio 2011, no pet.). 2012Perez v. State, 352 S.W.3d 751, 758 (Tex. App.—San Antonio 2011, no pet.). | 2 | 2 |
Texas Workers' Compensation Commission v. Garciagreen2 sentences2012See Garcia, 893 S.W.2d at 520-21 . 2003Comm’n v. Garcia, 893 S.W.2d 504, 517-18 (Tex.1995) (applying “general test” to challenge regarding the constitutionality of statute); Tex. Ass’n of Bus., 852 S.W.2d at 444 (applying “general test” to plaintiff association challenging a statute’s constitutionality); see also Barshop v. Medina County Underground Water Conservation Disk, 925 S.W.2d 618, 626 (Tex.1996) (following Garcia’s analysis on plaintiffs challenge to constitutionality of statute). | 2 | 2 |
Cuyler v. Sullivangreen2 sentences2011The court is required to conduct a Garcia hearing only if the court “knows or should reasonably know of an actual conflict.” Gaston, 136 S.W.3d at 324 (Higley, J., concurring) (emphasis altered) (citing Cuyler, 446 U.S. at 347 , 100 S.Ct. 1708 ). 2011The court is required to conduct a Garcia hearing only if the court “knows or should reasonably know of an actual conflict.” Gaston, 136 S.W.3d at 324 (Higley, J., concurring) (emphasis altered) (citing Cuyler, 446 U.S. at 347 , 100 S.Ct. 1708 ). | 2 | 2 |
| Gaston v. Stategreen | 2 | 2 |
| Calloway v. Stategreen | 2 | 2 |
Thompson v. Stategreen2 sentences2011See, e.g., Thompson v. State, 94 S.W.3d 11, 20 (Tex.App.-Houston [14th Dist. 2002, pet. ref'd) (citing Calloway v. State, 699 S.W.2d 824, 829-30 (Tex.Crim.App.1985)); Ramirez, 13 S.W.3d at 487. 2011See, e.g., Thompson v. State, 94 S.W.3d 11, 20 (Tex.App.-Houston [14th Dist. 2002, pet. ref'd) (citing Calloway v. State, 699 S.W.2d 824, 829-30 (Tex.Crim.App.1985)); Ramirez, 13 S.W.3d at 487. | 2 | 2 |
United States v. Garcia-Jassogreen2 sentences2011However, a Garcia hearing is required only if the court “knows or should reasonably know of an actual conflict.” *758 See Gaston, 136 S.W.3d at 324 (emphasis altered); United States v. Garcia-Jasso, 472 F.3d 239, 243 (5th Cir.2006) (citing United States v. Carpenter, 769 F.2d 258, 263 (5th Cir.1985)); see also Cuyler, 446 U.S. at 347 , 100 S.Ct. 1708 (“Unless the trial court knows or reasonably should know that a particular conflict exists, the court need not initiate [a conflict of interest] inquiry.”). 2011However, a Garcia hearing is required only if the court “knows or should reasonably know of an actual conflict.” *758 See Gaston, 136 S.W.3d at 324 (emphasis altered); United States v. Garcia-Jasso, 472 F.3d 239, 243 (5th Cir.2006) (citing United States v. Carpenter, 769 F.2d 258, 263 (5th Cir.1985)); see also Cuyler, 446 U.S. at 347 , 100 S.Ct. 1708 (“Unless the trial court knows or reasonably should know that a particular conflict exists, the court need not initiate [a conflict of interest] inquiry.”). | 2 | 2 |
Pina v. Stategreen2 sentences2011See Cuyler, 446 U.S. at 347 , 100 S.Ct. 1708 ; Garcia-Jasso, 472 F.3d at 245 ; Pina v. State, 127 S.W.3d 68, 73 (Tex.App.-Houston [1st Dist. 2003, no pet.). 2011See Cuyler, 446 U.S. at 347 , 100 S.Ct. 1708 ; Garcia-Jasso, 472 F.3d at 245 ; Pina v. State, 127 S.W.3d 68, 73 (Tex.App.-Houston [1st Dist. 2003, no pet.). | 2 | 2 |
| Birdwell v. Stategreen | 2 | 2 |
| Robertson v. Stategreen | 2 | 2 |
| Tooke v. City of Mexiagreen | 2 | 2 |
| McFarland v. Stategreen | 2 | 2 |
| Ex Parte Nailorgreen | 2 | 2 |
| Jackson v. Stategreen | 2 | 2 |
| Ex Parte Menchacagreen | 2 | 2 |
| Maes v. Stategreen | 2 | 2 |
| Resendiz v. Stategreen | 2 | 2 |
| Texas Workers' Compensation Commission v. Patient Advocates of Texasgreen | 2 | 2 |
Ramirez v. Stategreen2 sentences2013See United States v. Greig, 967 F.2d 1018, 1022 (5th Cir. 1992) (citing Garcia, 517 F.2d at 11 277); Ramirez, 13 S.W.3d at 487 . 2011See United States v. Carpenter , 769 F.2d 258, 263 (5th Cir.1985) (no error for failure to hold Garcia hearing absent actual conflict of interest); cf. Greig , 967 F.2d at 1022 ; Ramirez , 13 S.W.3d at 487 . | 1 | 4 |
Strickland v. Washingtongreen2 sentences2000Id. [2] The Fifth Circuit has held that in order for a defendant effectively to waive his right to conflict-free counsel, the trial court must conduct a hearing, now commonly known as a Garcia hearing. 2000Id. [2] The Fifth Circuit has held that in order for a defendant effectively to waive his right to conflict-free counsel, the trial court must conduct a hearing, now commonly known as a Garcia hearing. | 1 | 3 |
Jae Lee v. United Statesgreen2 sentences2021See id. 22 Even construing what Garcia asserts occurred as “affirmative misadvice”—instead of no advice—Garcia’s claim of affirmative misadvice is controverted by other evidence in the record. 2018Lee v. United States , --- U.S. ----, 137 S.Ct. 1958 , 198 L.Ed.2d 476 (2017) (granting relief on an involuntary plea claim based on attorney's affirmative misadvice that the defendant would not be deported if he pled guilty); see Padilla , 559 U.S. at 375 , 130 S.Ct. 1473 (Alito, J., concurring) ("[A] criminal defense attorney fails to provide effective assistance with the meaning of Strickland ..., if the attorney misleads a noncitizen client regarding the removal consequences of a conviction."). | 1 | 2 |
Ex parte Garciagreen2 sentences2021See Ex parte Osvaldo, 534 S.W.3d 607, 619 (Tex. App.—Corpus Christi– Edinburg 2017), aff’d sub nom. 2018Osvaldo , 534 S.W.3d at 618 -21 . | 1 | 2 |
Crown Central Petroleum Corp. v. Garciagreen2 sentences2014See 904 S.W.2d 125, 128 (Tex.1995). 1996Thus, not only did American provide the trial court with a proper Garcia affidavit by Crandall, see Garcia, 904 S.W.2d at 126 n. 3, but the Millers failed to show that Crandall has unique or superior personal knowledge of discoverable information, as Garcia requires. | 1 | 2 |
| In Re Burlington Coat Factory Warehouse of McAllen, Inc.green | 1 | 1 |
| Payton v. Stategreen | 1 | 1 |
| in the Interest of T.F., J.F., L.F., and W.F., Childrengreen | 1 | 1 |
| Brown v. Hearthwood II Owners Ass'n, Inc.green | 1 | 1 |
| Binur v. Jacobogreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Randall's Food Markets, Inc. v. Johnson
green
2 sentences2010See Miranda, 133 S.W.3d at 228 ; Randall’s Food Mkts., 891 S.W.2d at 644 . 2010See Miranda , 133 S.W.3d at 228 ; Randall's Food Mkts. , 891 S.W.2d at 644 . | 3 | 2010–2010 |
Garcia v. Marichalar
green
2 sentences2007In Garcia II, the appellate court addressed Dr. Garcia's motion to dismiss. 198 S.W.3d 250 . 2007In Garcia II, the appellate court addressed Dr. Garcia’s motion to dismiss. 198 S.W.3d 250 . | 3 | 2007–2007 |
Mosley v. State
green
2 sentences2020In addition, as previously stated, the Mosley court believed that the prosecutor’s comments “suggested that [the defense] counsel wanted 10 to divert the jury from the truth.” 983 S.W.2d at 259 . 2020The comment merely criticized defense counsel’s strategy of “throw[ing] out as many [defensive theories] as [defense counsel] can get out there.” See id. | 2 | 2009–2020 |
American Transitional Care Centers of Texas, Inc. v. Palacios
green
2 sentences2015The court concluded that “neither report elements with ‘sufficient specificity’ to inform Dr. informed Dr. Garcia of the specific conduct he allegedly Jernigan of ‘the conduct the plaintiff has called into performed that [the plaintiff] had called into question,” question.’ ” Id. (quoting Palacios, 46 S.W.3d at 875 ). and, thus, the expert reports did not constitute a good- faith effort to comply with the statutory requirements. 2015The court concluded that “neither report elements with ‘sufficient specificity’ to inform Dr. informed Dr. Garcia of the specific conduct he allegedly Jernigan of ‘the conduct the plaintiff has called into performed that [the plaintiff] had called into question,” question.’ ” Id. (quoting Palacios, 46 S.W.3d at 875 ). and, thus, the expert reports did not constitute a good- faith effort to comply with the statutory requirements. | 2 | 2015–2015 |
Daniel James Weems v. State
green
2 sentences2015See Villarreal, -S.W.3d at -, 2014 WL 6734178, at *20 ; Aviles, 443 S.W.3d at 294 ; McNeil, 443 S.W.3d at 300 ; Weems, 434 S.W.3d at 665 . 2015See Villarreal, 2014 WL 6734178, at *20 ; Aviles, 443 S.W.3d at 294 ; McNeil, 443 S.W.3d at 300 ; Weems, 434 S.W.3d at 665 . | 2 | 2015–2015 |
Dave McNeil v. State
green
2 sentences2015See Villarreal, -S.W.3d at -, 2014 WL 6734178, at *20 ; Aviles, 443 S.W.3d at 294 ; McNeil, 443 S.W.3d at 300 ; Weems, 434 S.W.3d at 665 . 2015See Villarreal, 2014 WL 6734178, at *20 ; Aviles, 443 S.W.3d at 294 ; McNeil, 443 S.W.3d at 300 ; Weems, 434 S.W.3d at 665 . | 2 | 2015–2015 |
Antonio Aviles v. State
green
2 sentences2015See Villarreal, -S.W.3d at -, 2014 WL 6734178, at *20 ; Aviles, 443 S.W.3d at 294 ; McNeil, 443 S.W.3d at 300 ; Weems, 434 S.W.3d at 665 . 2015See Villarreal, 2014 WL 6734178, at *20 ; Aviles, 443 S.W.3d at 294 ; McNeil, 443 S.W.3d at 300 ; Weems, 434 S.W.3d at 665 . | 2 | 2015–2015 |
| Lehmann v. Har-Con Corp. red | 2 | 2010–2010 |
| Bledsoe v. State green | 2 | 2009–2009 |
| Enterprise Leasing Co. of Houston v. Barrios green | 1 | 2022–2022 |
| Tillman, Larry Joseph Jr. green | 1 | 2021–2021 |
| Wood v. State green | 1 | 2019–2019 |
| Hodge v. State green | 1 | 2019–2019 |
| City of Willis v. Garcia green | 1 | 2019–2019 |
| De Los Reyes, Ex Parte Joel green | 1 | 2018–2018 |
| Sanchez v. State green | 1 | 2016–2016 |
| Neal v. State green | 1 | 2016–2016 |
| Garcia v. State green | 1 | 2015–2015 |
| Guaranty Federal Savings Bank v. Horseshoe Operating Co. green | 1 | 2015–2015 |
| Mathis v. Lockwood green | 1 | 2014–2014 |
| Coons v. State green | 1 | 2013–2013 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.